MOHANAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner retired on superannuation on 31/10/2014 while working under the Kerala Co-operative Milk Marketing Federation Limited. The petitioner is a subscriber to the Employees Provident Fund Scheme and Employees Pension Scheme. In this writ petition, the petitioner seeks to declare that the pensionable salary is to be calculated based on the average monthly pay drawn in any manner during the contributory period of service in the span of 60 months preceding the date of exit from the pension fund, without any exclusion of lumpsum payment.

(2.) The petitioner states that he along with others filed W.P.(C) No.5740/2015 seeking for a direction to sanction pension under the Employees Pension Scheme on the basis of actual salary. This Court, by judgment dtd. 24/2/2015, directed to refund the PF amounts already withdrawn with interest accrued thereon, to the Employees Provident Fund Organisation. The petitioner was required to refund Rs.5,18,478.00.

(3.) The petitioner remitted the said amount. The 2 nd respondent thereafter issued Ext.P2 revised Pension Payment Order dtd. 11/9/2017 sanctioning Rs.12,065.00 as monthly pension. Dissatisfied with the amount of monthly pension sanctioned, the petitioner requested the respondents to provide details regarding calculation of the amount of share to be remitted by the employee. The respondents thereupon Ext.P3 letter together with calculation statement. From the calculation statement, the petitioner noted that in certain months between January, 2010 and July, 2014, the salary for such months were reduced for the calculation of pensionable salary. This is evident from Ext.P4 information.